Ottawa Failing to Stop for Police
While carrying out their lawful duties and responsibilities, police officers may request that the driver of a motor vehicle pull over and come to a complete stop. According to Canadian law, motor vehicle drivers must immediately come to a safe stop when they are signaled or requested by law enforcement to do so.
If you are accused of failing to stop for police, seek competent counsel immediately — a conviction could change your life forever. In fact, if convicted you could face a minimum fine of $1,000, up to six months imprisonment, or both. Should you be convicted of willfully avoiding police while an agent is pursuing you, you could face between $5,000 and $25,000 in fines and a minimum of 14 days imprisonment, among other penalties.
At David Anber’s Law Office, we advocate zealously on behalf of clients accused of failing to stop for police. Schedule a free initial consultation to speak with one of our skilled defense lawyers by calling 1-888-989-3946 or contacting us online.
What is the crime of failing to stop for police in Canada?
In Ontario, failing to stop for police is one of several different criminal driving offences. Failing to stop for police, or flight from police as it is sometimes known, is often associated with other criminal driving offences, including impaired driving or dangerous driving. According to Criminal Code of Canada section 320.17, “Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.”
The crime of failing to stop for police should not be confused with charges stemming from the Highway Traffic Act of Ontario. With a criminal driving charge, police will photograph and fingerprint you and create a police file. Convictions under the Highway Traffic Act only show up on your Driver’s Abstract. A conviction for failing to stop for police, on the other hand, will likely result in a criminal record.
Penalties for failing to stop for police
Every criminal defence case is different. Depending on the circumstances of your arrest, the penalties against you may vary.
Here is a basic breakdown of the penalties you face if convicted of failing to stop for police in Ottawa:
Failing to stop for police
- 7 demerit points
- Between $1,000 to $10,000 in fines
- Up to six months imprisonment
Failing to stop for police while being pursued
- 5 year licence suspension; 10 years if you cause injury or death
- Between $5,000 to $25,0000
- Between 14 days and six months imprisonment
Make no mistake — these are life-changing penalties. However, with the right defence lawyer by your side, you can increase your chances of having the charges against you reduced or even dismissed.
Defences for failing to stop for police
If you are arrested for failing to stop for police, you may feel intimidated about the process and nervous about your future. The first thing you should do is consult with a skilled defence lawyer. At David Anber’s Law Office, our experienced legal team uses a wide range of strategies to help clients fight back, including:
- Show your rights have been violated — You have certain rights under the Canadian Charter of Rights and Freedoms. If police violate these rights in any way, you may have grounds for a case dismissal.
- Establish you had a reasonable excuse for failing to stop — Another defence tactic is to show that you actually had a legitimate reason to not stop — for example, you were suffering from a medical emergency or your car malfunctioned and you were unable to control or stop it.
- Prove that you had no knowledge that police wanted you to stop — To convict you, the Crown must be able to show that you knowingly failed to stop for police. If you were unable to notice a police officer’s attempt to get your attention to stop as a result of inclement weather, for example, you may be able to have the charges dropped.
Any time you find yourself accused of a crime, contact a competent defence lawyer. With the right legal strategy, you have a good chance of having the charges against you lowered or dismissed.
How can a lawyer help me defend a failing to stop for police charge?
Whether you are arrested for failing to stop for police, drunk driving, or another crime, contact a lawyer. The sooner you seek legal help, the sooner your lawyer can help you build a strong defence that protects your freedom and reputation. First, your lawyer can protect your Charter rights and ensure they are not violated at any time. Further, your defence lawyer can interview witnesses, review photographs and police records, and collect any other evidence to support your case.
Your lawyer can appear with you at all court dates, easing your anxiety and explaining everything that happens throughout the criminal justice process. Additionally, your lawyer can negotiate with the prosecution and fight passionately for you before a judge and jury. And should you be convicted, your defence layer can help you file an appeal.
Ottawa criminal defence lawyers uphold your rights
At David Anber’s Law Office, we fight to protect the rights and freedom of clients throughout Ottawa and Quebec. If police arrest you for failing to stop, don’t give up. Call us instead. Our experienced defence lawyers can investigate your case and help you build a solid defense. To schedule a free consultation to speak with one of our highly skilled defence lawyers, call 1-888-989-3946 or contact us online.